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Regulations not fit for purpose, says British Ports Association

[ January 13, 2025   //   ]

Over one in ten port regulations are in need of urgent reform, with planning in particularly poor condition, says the British Ports Association in the latest version of its regulatory map.
The document, published on 7 January, shows that of 200 pieces of legislation or government codes or guidance that are relevant to ports, 118 were assessed as fit for purpose, 53 raised some concerns, and 23 were deemed in need of urgent or significant reform.
Regulatory processes are also undermined by poor resourcing or capacity issues with regulators, adds BPA, which represents over 400 ports and terminals that facilitate 86% of the UK’s seaborne trade.
BPA’s 2025 regulatory map assesses the health of the legislative and regulatory regime that ports operate within. Four in ten regulations are of concern, with 12% of the overall number in need of significant or urgent reform. The BPA has been mapping the legislation, regulation, industry codes, guides, and strategies that govern and shape how UK ports operate since 2019 and now covers 200 items that affect how ports operate and grow.
Ports operate with a complex web of regulations, with 200 laws, regulations, codes, guides, and strategies that have some bearing on ports.
BPA’s priorities for reform include the offshore energy transition, energy connectivity, planning, dredging, and dealing with abandoned vessels.
Safety, the top priority, is broadly functioning well, with the only areas for concern being legislation that the industry is keen to see extended, enforced, or updated.
Priorities for improvement in borders and trade remain Border Control Posts, which some ports were forced to build at significant expense following the UK’s exit from the European Union.
In the security and resilience category there was just one ‘red’ rating, the ‘OPRC’ regulations which require ports to be prepared for oil spills. These regulations apply to ports with a turnover of more than £1m. Inflation has meant that smaller entities that were never intended to be covered by the regulations are being pulled into scope.
Environment and sustainability frameworks are broadly assessed as fit for purpose although duties are often placed on harbour authorities inappropriately through regulation aimed at ‘public bodies’. Licensing and consenting are the main areas of concern in this category and has become critical over the course of 2024 for some things such as Harbour Orders.
Planning and utilities are a big cause for concern, reflecting the sector’s recent focus on planning reform. One in three regulations related to planning were in need of urgent reform. This covers broad and niche issues, including difficulties with the new biodiversity conditions on planning in England, energy connections, and the renewable transport fuel obligation. These can all limit the growth opportunities and ambitions for ports.
Decarbonisation continues to be a major theme and this is set to continue in 2025. With ports looking at decarbonising and electrifying their own operations as well as facilities for customers, improving the regulatory process is now an urgent priority, says BPA.
The sector is also expected to play a key role in the rollout of offshore wind and the UK’s renewable energy ambitions, but this will need improved consenting for both terrestrial and marine development.

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